In what circumstances will punitive damages be awarded in negligence cases?
Ontario, Canada
The following excerpt is from Lawyers' Professional Indemnity Company v. Geto Investments Limited, 2007 CanLII 27756 (ON SC):
In Whiten v. Pilot Insurance Co.[38] McIntyre J. further emphasized the disciplinary nature of punitive damages stating that they: …may only be awarded in respect of conduct which is of such nature as to be deserving of punishment because of its harsh, vindictive, reprehensible and malicious nature…In any case where such an award is made the conduct must be extreme in its nature and such that by any reasonable standard it is deserving of the full condemnation and punishment.
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